…example, the courts apply the principle of minimal curial intervention which dictates that courts should not, without good reason, interfere with the arbitral process. Dr. Hermann J. Knott LL.M. (Kunz…
…further disputes. Consequently, “anything that can be done to ensure that arbitration clauses are clear, meaningful and effective would enhance the arbitration process quite considerably”. The Approach in Singapore…
…We summarize two of them below. Abuse of Process Bolivia argued that Glencore International had committed an abuse of process by “rerouting” its investment through Bermuda in order to…
…put their case under Section 33 of the Act was leading to “due process paranoia”. This paranoia was dissuading arbitrators from issuing summary awards. The result, the Law Commission noted,…
…the best of their ability are a crucial safeguard against abuses of the process. Where a tribunal does not (or cannot) prevent due process violations from occurring, the selection of…
…become the norm under most legal regimes. This approach is geared towards the legitimacy of the arbitral process and ensures that a party contesting jurisdiction has the full opportunity to…
…The UKSC in Tui explained that the rule in Browne v Dunn is “directed to the integrity of the court process itself.” Its rationale is to “preserve the fairness of…
…arbitrators, consolidate proceedings, and fix costs. The Arbitration Rules also allow for emergency arbitrations and expedited proceedings and foster the use of technology throughout the process. We consider that the…
…interfere with the normal functioning of the arbitral process. References[+] References ↑1 Mota-Engil Ingeniería y Construcción S.A. – Sucursal Paraguay v. Republic of Paraguay – Ministerio de Obras Públicas y…
…generally are not testifying regularly, they may not have developed the vocabulary to either completely give their testimony or understand fully how the arbitration process works. Additionally, Inbal Itzhak et….
…of courts to ensure the sanctity of arbitration process and ensure that awards are rigorously enforced. The two-day Summit consisted of four sessions on the first day addressing technical aspects…
…only streamlines the process but also ensures that parties can adapt their arguments without unnecessary inconvenience. 2. Article 10: Pre-Meeting Facilitation Before the tribunal is constituted, Article 10 empowers the…
Amongst the strides taken by the United Arab Emirates (“UAE”) in recent years, there is the improvement made to the enforcement process of foreign awards in the UAE courts. This…
…here). Meanwhile, the ISDS reform process, including the modernization of the Energy Charter Treaty (“ECT”), continues to encounter challenges and raise concerns. This year-in-review post, featuring the perspectives of our…
…justice, lack of due process, arbitrariness, targeted discrimination, and abusive treatment. Investors’ ‘legitimate expectations’ are a consideration when assessing FET in the context of the earlier-defined circumstances. Legitimate expectations require…
…propositions: The decision in NN Global 5J potentially affects institutional arbitration inasmuch as it creates roadblocks to steps in the arbitral process where parties raise objections based on stamp duty….
…provisional measures, often in the context of inter-state aggression. This has led to the trade-off of less due process opportunities, as the World Court allows the applicant to present a…
…approach” that was non-interventionist (para. 588). He also remarked that “the ‘open court principle’ keeps judges up to the mark” and “[a]n open process allows the chance for the public…
…by arbitral tribunals and courts. The provisions below concerning the functions of the courts apply irrespective of the type of arbitration, while the provisions concerning the arbitration process apply if…
… Modernization or Destabilization? The ECT Modernization Melt-Down The ECT modernization process developed from 2020 until June 2022 (for a summary of the process since 2017, see here) and finalized…
…arbitration serves as an alternative or parallel process to litigation before state courts. While the Appellant also argued that the contract forced them into arbitration unfairly, the CoC dismissed this…
…strategies for parties to avoid lengthy proceedings, reduce costs, and regain control over the arbitral process. In this post, we have compiled a non-exhaustive list of practical tips and best…
…protection only against fundamental due process violations, has been endorsed by some of the regional economic communities (“RECs”), such as the Southern African Development Community (“SADC”) and Common Market for…
…to know that the dispute resolution clause will be effective when it is needed, and, broadly speaking, how the dispute resolution process, will operate. That is the basic principle of…
